Unfair Dismissal
If you have been dismissed from work you might be entitled to bring a claim for unfair dismissal in the employment tribunal. The law says that every eligible employee has the right not to be unfairly dismissed by their employer.
To be eligible to make a claim for unfair dismissal you must:
- be an employee and have been dismissed
- have been employed continuously for a year or more at the date of dismissal
- not be in an excluded class (for example the armed forces)
If you satisfy the above then in order to bring a successful claim you must bring the claim within a set time and show that the dismissal was unfair
To justify a dismissal an employer:
- must follow the correct procedure depending on the circumstances
- be able to justify the dismissal or termination on one of the six permitted reasons
Except where the dismissal relates to retirement or where it is automatically unfair (for example when the employee makes a whistle blowing disclosure), an employment tribunal hearing such a claim will decide, whether, in all the circumstances, the employer has acted reasonably. If a dismissal is found to be unfair the employment tribunal can order reinstatement or re-engagement of the employee, or compensation.
To speak to someone who can help with an unfair dismissal claim or any other employment related issue call, email or request a call back from one of our specialist lawyers.